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Opinions Jan. 17, 2013

January 17, 2013
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Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler
53A01-1207-CT-315
Civil tort. Affirms denial of Ballaban’s motion to correct error and the grant of summary judgment in favor of the Bloomington Jewish Community Inc. and other appellees on his complaint after he was fired as rabbi for Beth Shalom. Finds evidence supporting the ruling that the ministerial exception applies. Denies appellees’ request for attorney fees. Judges Vaidik and Bailey concur in result in separate opinions.  

Kyle W. Dixon v. Ara J. Dixon
34A05-1206-DR-303
Domestic relation. Affirms order granting the notice of intent to relocate filed by Ara Dixon. The mother’s intent to relocate was made in good faith and not in haste, and father would be able to maintain virtually the same parenting time schedule.

Marilyn Carter v. State of Indiana (NFP)
49A02-1206-CR-457
Criminal. Affirms convictions for Class A misdemeanors resisting law enforcement and battery.

B.B., Jr. v. State of Indiana (NFP)
45A03-1205-JV-228
Juvenile.  Affirms adjudication as a delinquent for having committed what would be Class A misdemeanor cruelty to an animal if committed by an adult.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort.  Grants rehearing to clarify original opinion and affirms, in which the Court of Appeals reversed summary judgment for Hunt on a negligence claim. Judge Riley would deny rehearing.

Steven Newville v. State of Indiana (NFP)
34A02-1205-CR-379
Criminal. Affirms Class A felony conviction of attempted rape.

Garrick P. Twiford, Jr. v. State of Indiana (NFP)
20A04-1205-CR-284
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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